Gang- Is there a consensus on the most successful first step in an Intent To Sue situation, and is there an easy/reliable method to get the correct address to serve (when I don't know where a company is truly incorporated)? As is commonplace with collectors, I have a debt being reported as a collection when in fact it has absolutely nothing to do with me. I've sent the Collection Agency letters stating that I wanted to deal with the creditor, letters to both asking for validation, but no reply to any of my letters. I realize I'll get no response unless I send an ITS. Unfortunately, the Registered Agent is an attorney and I fear that if I simply file a lawsuit and serve the RA, they'll just proceed with the suit. Alternatively, if I can get an ITS in the right hands, maybe I can get somewhere. Do any of you have good luck with a particular ITS methodology, or someone specifically that you send ITS letters where you get a response more frequently than others? Thank you in advance, -Rusten
"Gang- Is there a consensus on the most successful first step in an Intent To Sue situation, and is there an easy/reliable method to get the correct address to serve (when I don't know where a company is truly incorporated)?" - There is no such thing as "Intent to Sue" You either DO it, or YOU DONT. -YES, the collection agency is most likey listed on the webite of the "Secretary of State" for the state they operate AND almost every other state. YOU need to find the "Agent for Process of Service" or "Agent" "As is commonplace with collectors, I have a debt being reported as a collection when in fact it has absolutely nothing to do with me. I've sent the Collection Agency letters stating that I wanted to deal with the creditor, letters to both asking for validation, but no reply to any of my letters." -IF the acccount(s) are not yours, WHY are you "dealing" with either the collector OR the creditor? The dispute of the account(s) HAS to be THROUGH the credit reporting agency OR YOU CANNOT SUE! FCRA 623 (b) -A collection agency DOES NOT HAVE TO REPLY. They can cease collection efforts, or send the account back to the creditor etc etc. BUT ONLY IF THEY RECEIVE YOUR "VALIDATION" LETTER WITHIN THE INITIAL 30 DAYS AFTER THEY CONTACT YOU THE FIRST TIME. FDCPA 809 (b) "I realize I'll get no response unless I send an ITS." -"ITS" DOES NOT legally require the collection agency to "reply." "Unfortunately, the Registered Agent is an attorney and I fear that if I simply file a lawsuit and serve the RA, they'll just proceed with the suit." -THATS why there is NO INTENT TO SUE You describe a situation where you actually DONT intend to sue "Alternatively, if I can get an ITS in the right hands, maybe I can get somewhere." -THE "ITS" letter WILL get to the attorney no matter who you give it to. Companies DONT LIKE TO BE THREATENED with legal action. DO you ? -IS the account yours? -Or are you hoping for a deletion based on failure to "validate" or verify? -There are "safer" ways to deal with this other then having the attorney "call your bluff"
Okay. I'm game. what are the safer ways, Hiding? I'm all ears. I think you typically give excellent advice here from what I've read so far of your posts. G.H.
"As is commonplace with collectors, I have a debt being reported as a collection when in fact it has absolutely nothing to do with me. I've sent the Collection Agency letters stating that I wanted to deal with the creditor, letters to both asking for validation, but no reply to any of my letters. " -I am assuming you sent a request for validation and they did not reply? -IF they did not reply, are they still "actively attempting to collect?(leaving the entry on the report doesnt count ) -Game plan - -IF the account is NOT yours. Dont bother with the collection agency. Send a DISPUTE to the credit reporting agency DISPUTING the account as "potentially fraudulent" and refer to the account by acct# etc if avail. (just call the collection agency to find out) MAKE SURE YOU INDICATE YOU DO NOT HAVE AN ACCOUNT (acct #) with this collection agency, and did not authorize any account in your name. (this looks like a "not mine" dispute, but it included "more work" for the CRA to satify the requirement of a "good" investigation) After receiving the dispute letter, the reporting agency contacts the collection agency and notifies them of the dispute. Then 30 days or so they send it back to you with the results. -IF THEY VERIFY IT AS YOURS, and it truly IS NOT, then BOTH the collection agency and the credit reporting agency CAN BE liable for violation of FCRA 623 (b). -SO all that to say "dispute" it LOL
Hiding- While I'm very familiar with the points you've made, they went a bit off topic from where I was going. Major CA's always respond to the CRA's, and suing a CRA is far more laborious than getting the CA to see the light. Further, I've sent ITS style letters many times in the past with very good luck; far better than simple CRA disputes. To answer your last question, no, the account is not mine and I'm not "bluffing"; I simply don't want to deal with filing a complaint if I can get someone to pay attention without doing so. On the other hand, if they continue to ignore me, it makes my position all the more sympathetic because I gave them notice and they still refused to contact me. I certainly appreciate your advice, but I'm hoping to focus more on people's experiences with ITS avenues, rather than discussing the value of alternatives. I am very familiar with alternatives as well as the federal laws that apply. Thanks again!
Rusten, I have had the best luck sending these thru the Registered Agent. Contact your Sec of State, and see if the corporation has one in your state. If not, contact their home state. I send thru RA because they have a responsibility to get your letter to the correct person. Although Hiding indicates there is no such thing as an Intent to Sue, TX small claims courts require that you send this non existant notice CMRRR before you can actually file suit. If you suspect it might go that far, and that is the court of your choice, check their procedures for your state. BTW - I've sent out about 4, and got the results I wanted 100% of the time without filing suit.
Thanks Jlynn- It sounds like I have been doing it correctly, I had just wondered if there was an easier way to find the corporate RA; I didn't realize that for each state they do business in, they must be organized under that state, meaning I will be able to check the Florida records every time (www.sunbiz.org). When creditnetters send ITS, do you send an introductory letter accompanied by the complaint? This is what I had been doing; however, since the company in question has an attorney as a RA, I thought maybe I would send the letter alone, without the complaint to avoid the attorney criticizing the complaint, which seems to be common even when the complaint it written professionally. I also try to speak to someone to explain it's coming; I've had luck negotiating at that point as well, providing I can rattle off all of the violations at that point. Thanks for your respones!
I've never sent a formal complaint. I send detailed letters (Butchie and I don't agree on this one ) listing the section they violated, and how/when the violated. I then give them x days from receipt to contact me.
1*IF the acccount(s) are not yours, WHY are you "dealing" with either the collector OR the creditor? The dispute of the account(s) HAS to be THROUGH the credit reporting agency OR YOU CANNOT SUE! FCRA 623 (b) 2*A collection agency DOES NOT HAVE TO REPLY. They can cease collection efforts, or send the account back to the creditor etc etc. BUT ONLY IF THEY RECEIVE YOUR "VALIDATION" LETTER WITHIN THE INITIAL 30 DAYS AFTER THEY CONTACT YOU THE FIRST TIME. FDCPA 809 (b) 3**ITS" DOES NOT legally require the collection agency to "reply." hiding90 **************************************************************************************** 1*I didn't know That about the FDCPA. 2*But they do have to reply to a summons or loose by default. 3*But the following summons requires a reply. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
